HomeMy WebLinkAbout2006-027-02/28/2006-URGING THE REGISTERED ELECTORS OF THE CITY NOT TO SUPPORT THE CALLING OF A SPECIAL CITY ELECTION TO RESOLUTION 2006-027
OF THE COUNCIL OF THE CITY OF FORT COLLINS
URGING THE REGISTERED ELECTORS OF THE CITY NOT TO SUPPORT
THE CALLING OF A SPECIAL CITY ELECTION TO AMEND THE CITY CHARTER
SO AS TO REQUIRE BINDING INTEREST ARBITRATION AS PART OF THE
COLLECTIVE BARGAINING PROCESS WITH POLICE EMPLOYEES
WHEREAS,in August of2004,a citizen-initiated ordinance(the"Ordinance")was approved
by the registered electors of the City which amended the City Code to put in place a system of
collective bargaining for police employees of the City; and
WHEREAS,after the collective bargaining system was established in the City Code, the City
entered into good faith negotiations with its police employees but were unable to reach agreement
on all the terms and conditions of a proposed agreement; and
WHEREAS, the system of collective bargaining that was added to the City Code included
a requirement that,if collective bargaining negotiations between the City and the bargaining unit for
police employees(the"Bargaining Unit")did not result in an agreement as to compensation,benefits
and all other terms and conditions under which the members of the Bargaining Unit are employed
by the City,the matters in dispute between the parties must be submitted to binding arbitration; and
WHEREAS, this kind of"binding interest" arbitration authorizes a third party who is not
accountable to the citizens of Fort Collins to set the wages, benefits and terms of conditions of
employment of members of the Bargaining Unit, which means that the City Council and the City
Manager lose the ability they currently have under the City Charter to determine the amounts to be
budgeted for various City services and, in particular, to determine the employees' compensation,
benefits and terns and conditions of employment; and
WHEREAS, rather than proceeding to binding arbitration, the City challenged in court the
binding arbitration requirement in the Ordinance on the grounds that such a requirement was
contrary to the powers of the Council and City Manager in the City Charter; and
WHEREAS,notwithstanding this court challenge,the City continued to bargain in good faith
with the Bargaining Unit and was ultimately able to reach an agreement signed by both parties that
substantially increased the compensation and benefits of police employees; and
WHEREAS,as part of the overall agreement with the Bargaining Unit, the parties stipulated
to the entry of judgment in the court case which acknowledged the fact that binding interest
arbitration could not be established by an ordinance of the City, since such binding arbitration
conflicts with the City Charter; and
WHEREAS,on February 21,2006,representatives of the Fraternal Order of Police filed with
the City Clerk's Office a statement of intent to circulate a petition for a proposed amendment to the
City Charter to be submitted to the registered electors of the City at a special election in September,
2006,which amendment to the City Charter would "re-establish the process of Binding Arbitration
and other items that were in conflict with the City Charter as an Ordinance"; and
WHEREAS, state law requires that a citizen initiated charter amendment be placed on the
ballot at a special election if the petition for the election is signed by at least ten percent of the
registered electors of the City that were registered on the date of filing of the statement of intent;and
WHEREAS, ten percent of the registered electors registered to vote in the City on February
21, 2006, is 8,910 registered electors; and
WHEREAS, the City Clerk estimates that such a special City election would cost the City
approximately$100,000; and
WHEREAS,because of the voters'previous approval of the Ordinance, the City Code still
requires collective bargaining between the City and the Bargaining Unit,even without the proposed
Charter amendment, and that process allows for meaningful and productive negotiations between
the City and the Bargaining Unit with regard to the compensation and working conditions of police
employees; and
WHEREAS, through that process, and without binding arbitration the City and the
Bargaining Unit reached a comprehensive collective bargaining agreement in 2005; and
WHEREAS, the City Council strongly believes that binding arbitration is unnecessary and
inadvisable because it would deprive the Council of its ability to effectively balance the competing
financial needs of police services with all other financial needs of the City in establishing the budget
for the City,would deprive the City Manager of his duty and responsibility to establish the terms and
conditions of employment of the police employees of the City, and would turn critical financial and
administrative decisions over to an arbitrator who is neither elected nor appointed to represent the
long-term interests of the City as a whole, all at significant additional cost to the City; and
WHEREAS, a provision of the proposed Charter amendment would prevent the City from
ever reducing any benefit or other term or condition of employment that was in place at the time of
adoption of the Charter amendment,unless the bargaining agent voluntarily agreed to the reduction,
and this would be true regardless of future events and regardless of whether or not the benefit,term,
or condition of employment was even a part of the current collective bargaining agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That, for the reasons stated above, the City Council believes that it is not in
the best interests of the City to incur the expense of a special City election for the purpose of
considering an amendment to the City Charter that would require binding arbitration as part of the
collective bargaining process with police employees.
2
Section 2. The Council strongly urges the registered electors of the City not to sign a
petition seeking such an election.
Passed and adopted at an adjourned meeting of until of the City of Fort Collins this
28th day of February, A.D. 2006.
May
ATTEST:
L
City Clerk �T
3